Legislative amendment directed towards a particular individual, company and dispute: The separation of powers and other constitutional issues

Research output: Contribution to journalArticleResearchpeer-review

Abstract

The Western Australian Parlaiment passed legislation to effectively end a dispute involving a businessman and his companies. Those entities had commenced legal action against the state that, if successful, might have resulted in a multi-billion dollar compensation claim. Parliament responded by effectively prohibiting a court from awarding a remedy to the claimants. This article suggests that, in principle, this legislation raises fundamental separation of powers issues, and such laws might offend Chapter III of the Constitution.
Original languageEnglish
Pages (from-to)112-131
Number of pages20
JournalPublic Law Review
Volume32
Issue number2
Publication statusPublished - Jun 2021
Externally publishedYes

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